Average Car Accident Settlement in Virginia [2024 Updated]

 Posted on June 14, 2024 in Truck Accidents

When you are involved in a car accident that was caused by another party’s negligence, you are able to file a claim to recover your damages. This claim is usually filed with that driver’s insurance provider. Many people who are injured and overwhelmed from an accident want to know how much they can get in a claim. Knowing the average claim value does not tell you the value of your claim. To understand the average car accident settlement in Virginia, it’s important to understand the factors that affect a settlement.

What Impacts a Car Accident Claim in Virginia?

The average auto insurance claim for personal injury in 2022 was $24,211. However, car accident claims vary significantly, and an individual claim may yield much less or much more than this amount. Some of the biggest factors that influence how much your individual claim will be worth are:

Damages Sustained

A car insurance claim exists to compensate you for your direct losses from the accident. The settlement is, therefore, dependent on those losses. This includes your medical expenses, lost income, property damage, and pain and suffering. The more severe your injuries are, the higher your settlement is likely to be in recovering those losses.

Insurance Coverage

The insurance coverage of the at-fault driver also affects your settlement. Insurance policies have maximum coverage limits. If your damages exceed these limits, your car accident attorney can help you find other options for recovering compensation.

Legal Support

Working with an attorney for your car accident claim can improve your outcome. An attorney can investigate the accident and negotiate on your behalf. You are more likely to get a higher settlement with an attorney than without. An attorney is also experienced in gathering evidence to support your claim, and evidence that proves fault and your damages is also crucial to the final settlement you receive.

Contributory Negligence

In Virginia, if you are determined to be even 1% at fault for the accident by the court, you are barred from recovering damages. This does not always affect insurance claims, but it can. It’s important to talk with your attorney if you were partially at fault. They can also prevent an insurance provider from claiming that you were at fault when you were not. An attorney can defend your interests and potentially still secure you a settlement.

Negotiation or Litigation

Most car insurance claims are settled outside of court through negotiations. However, if an insurance provider refuses to provide a fair settlement, your attorney may advise taking the claim to court. This can help you secure fair compensation. Court claims are often more stressful and expensive, but they can often obtain a higher settlement.

Punitive Damages

Punitive damages are rare, but they may be awarded by the court if the at-fault party acted with egregious negligence or willful misconduct. These damages do not compensate for a loss that you suffered but are designed to punish the at-fault party to prevent future similar behavior. Although these damages are capped in Virginia, they can still significantly increase the overall value of a settlement if they are awarded.

FAQs

Q: How Much Can Someone Sue for a Car Accident in Virginia?

A: How much someone can sue for a car accident in Virginia depends on their unique damages from the accident. These may include:

• Medical bills, both past expenses and future expenses for expected medical complications
• Lost income due to time taken off work to recover
• Lost earning potential if the injured party cannot return to work full-time
• Property damage, such as to a vehicle or items in the vehicle
• Noneconomic damages, including physical pain, emotional trauma, loss of quality of life, and disability

Q: What Is the Average Personal Injury Settlement in Virginia?

A: The average personal injury settlement in Virginia varies significantly, and it does not help individuals determine their own claim’s value. Some of the factors that influence the value of your settlement include:

• The type of personal injury claim it is, such as a car accident, truck accident, or premises liability claim
• The skills, abilities, and resources of your legal representation
• How severe your losses and injuries are
• Whether the claim is settled in negotiation or goes to court
• If the at-fault party acted with egregious negligence or malice, resulting in punitive damages

Q: How Long Does It Take to Settle a Car Accident Claim in Virginia?

A: The amount of time it takes to settle a car accident claim in Virginia has a wide range and relies on many factors. One of the primary factors is whether fault is clear. If there is sufficient evidence to show that the other party was to blame for the accident and that you held no blame, the settlement process will likely be quick. More complex circumstances will lengthen the amount of time a case takes. An attorney can speed up the process by investigating the accident for supportive evidence.

Q: How Long After a Car Accident Can You Sue in Virginia?

A: After a car accident claim in Virginia, you have a two-year window in which you can file a civil claim. However, most car accident claims are handled through insurance providers. These providers usually require you to file much sooner. Working with an attorney can help you better understand your legal deadlines. It’s important to work with an attorney quickly to avoid nearing the civil filing deadline.

Whitlock Law, LLC: Your Virginia Car Accident Attorneys

Dealing with the aftermath of a car accident can be very traumatic. Even minor accidents can be overwhelming. More serious accidents can result in severe and catastrophic injuries that may alter the rest of your life. You should not have to negotiate with an insurance provider and gather evidence during this time. You need to take time to recover, physically and mentally, and potentially adjust to a new way of living.

When you work with an attorney, you can take that needed time. Your attorney can investigate the scene of the accident, negotiate with the insurance provider, and keep you updated on important parts of your claim. An insurance claim has a better chance of succeeding and securing the maximum compensation when you work with an attorney.

At Whitlock Law, LLC, we have years of experience in personal injury claims and have managed many car accident claims. Contact our firm today to learn how we can help.